Genocide and Crimes Against Humanity

Caroline Fournet is Associate Professor and Rosalind Franklin Fellow at the Department of Criminal Law and Criminology at the University of Groningen .

Introduction

Part 1 Crimes Against Humanity: From Nuremberg to Lyon . . . And Back Again

1 Trying Klaus Barbie: Setting a Precedent?

1.1 Crimes Against Humanity and the Victimisation of the Individual

1.2 Systematic Crimes 'in the Name of a State Practising a Policy of Ideological Supremacy'

1.3 Perceiving the Knowledge Requirement

2 Trying Paul Touvier and Maurice Papon: Twisting the Precedent

3 A Problematic Legacy

3.1 Equalising Victims, Confusing Crimes

3.2 Making of Nuremberg a Law of Circumstances

Part 2 Punishing Genocide: Too Much To Ask?

4 The Direct Applicability of the Genocide Convention under French Law

5 The Non-Applicability of Statutory Limitations to the Crime of Genocide

6 The Applicability of Retroactive Criminal Norms

7 The Contemporary Understanding of the Law of Genocide by the French Judiciary: Dualism in Disguise?

8 Concluding Observations

Part 3 Why Genocide?

9 Responding to the Incorrect Ill-Qualification of Vichy France in the Touvier and Papon cases

9.1 The Laws of Vichy France: 'An Impeccable Style for an Infinite Horror'

9.2 The Criminal Acts of Vichy France: The Question of Genocidal Intent

9.3 The Criminality of Vichy France: Complicity in Genocide

10 Responding to the Equalisation of Victims in the Barbie Case

11 Genocide: A Crime Against the Family?

11.1 The Legal Destruction of the Family

11.2 The Physical Destruction of the Family

12 Conclusion